LIU LOI KIU AND ANOTHER v. MAK WAI TONG AND OTHERS

LIU LOI KIU AND ANOTHER v. MAK WAI TONG AND OTHERS

Court accepted widow's evidentiary figures (HK$1,500 monthly contribution; HK$200 personal allowance), fixed monthly dependency at HK$1,300, applied a multiplier of 14, awarded statutory lump sum HK$8,000 to merge with other damages, assessed general damages at HK$218,400, apportioned that sum among dependents, allowed special damages HK$1,950, awarded specified interest and costs.

Citation
LIU LOI KIU AND ANOTHER v. MAK WAI TONG AND OTHERS
Parties
1st Plaintiff (widow): LIU LOI KIU; 2nd Plaintiff: LIU CHI WAH (Administrators of the Estate of Chan Choi, Deceased); 1st Defendant: MAK WAI TONG; 2nd Defendant: KWONG YUN CHUNG; 3rd Defendant: KOWLOON MOTOR BUS CO. LTD.; 4th Defendant: LEE OI LOI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 November 1976
Case Number
HCA1905/1975
Procedural Posture
Fatal Accidents Ordinance Claim (wrongful Death) / Assessment of Damages (interlocutory Judgment Entered)
Outcome
Assessment of damages awarded in favour of plaintiffs against 1st defendant; interlocutory judgment for damages to be paid and balance lodged in court; costs to plaintiffs.
Legal Topics
Dependency Calculation, Multiplier Application, Statutory Lump Sum, Special Damages, Interest, Apportionment
Source Language
EN
Tort Wrongful Death Damages Assessment Civil Procedure Dependency Calculation Multiplier Application Statutory Lump Sum Special Damages +2 more

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Parties

LIU LOI KIU

1st Plaintiff (widow)

LIU CHI WAH (Administrators of the Estate of Chan Choi, Deceased)

2nd Plaintiff

MAK WAI TONG

1st Defendant

KWONG YUN CHUNG

2nd Defendant

KOWLOON MOTOR BUS CO. LTD.

3rd Defendant

LEE OI LOI

4th Defendant

Procedural Posture

Fatal Accidents Ordinance Claim (wrongful Death) / Assessment of Damages (interlocutory Judgment Entered)

Legal Issues

  1. 1 Appropriate calculation of dependency and monthly contribution
  2. 2 Appropriate multiplier to apply for future dependency
  3. 3 Entitlement to and amount of statutory lump sum under the Law Amendment and Reform (Consolidation) Ordinance

Ratio Decidendi

Court accepted widow's evidentiary figures (HK$1,500 monthly contribution; HK$200 personal allowance), fixed monthly dependency at HK$1,300, applied a multiplier of 14, awarded statutory lump sum HK$8,000 to merge with other damages, assessed general damages at HK$218,400, apportioned that sum among dependents, allowed special damages HK$1,950, awarded specified interest and costs.

Court Disposition

Assessment of damages awarded in favour of plaintiffs against 1st defendant; interlocutory judgment for damages to be paid and balance lodged in court; costs to plaintiffs.

Orders

  • Award general damages of HK$218,400 (HK$1,300 x 12 x 14)
  • Statutory lump sum of HK$8,000 under the Law Amendment and Reform (Consolidation) Ordinance assessed and merged with general damages